HomeMy WebLinkAboutReso 105-87 Enea Reso41-87 RESOLUTION NO. 105-87
ARESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING RESOLUTION NO. 41-87
WHICH APPROVED PA 87-018
WHEREAS, on June 22, 1987, the City Council adopted
Resolution Number 41-87 approving and establishing findings and
general provisions for a planned development rezoning concerning
planned development application PA 87-018; and
WHEREAS, John Enea and Sal Enea have on November 24, 1987,
filed action number H 129689-3 in Alameda County Superior Court,
challenging the validity of a certain condition imposed by the
City of Dublin for approval of planned development application
PA 87-018; and
WHEREAS, in order to compromise and settle said lawsuit,
the City Council agrees to modify that certain condition of
approval;
NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council
does hereby modify and amend Resolution No. 41-87 as follows:
1. Condition (5) on page 2 is deleted in its entirety, and
the following language is substituted therefor:
"5) The Developer shall execute an irrevocable offer of
dedication of the segment of the proposed road parallel
to Dublin boulevard which passes through the southern
portion of APN 941-1500-040. This proposed road has
been identified as needed for the buildout of the
downtown area in the Dublin Downtown Specific Plan
(including the buildout of this property). The new
roadway is to run between Amador Plaza Road in this
project, westward to Golden Gate Drive, and is to be
located south of the retail complex currently under
construction. The exact location and width will be
determined by the City through further detailed
studies.
"The timing of the acceptance of this offer of
dedication shall be as follows:
"a) At such time as the roadway is to be improved,
but in no event before the remainder of the
proposed roadway is to be improved.
"b) Prior to and as a further condition of this
rezoning, the Developer and the City shall enter
into an agreement embodying the above conditions.
"c) These conditions shall be recorded in the Office
of the Recorder of Alameda County by the
City."
2. The City shall by resolution initiate the planned
development rezoning process for a redefinition of the planned
development to provide that the uses permitted in the southern
portion of APN 941-1500-040 shall be identical to those uses
permitted pursuant to City Council Resolution Number 41-87 and
planned development application PA 87-018. Development in the
southern portion shall comply with City's Site Development
Review proces.
PASSED, APPROVED AND ADOPTED this 14th day of
December, 1987.
AYES: Councilmembers Hegarty, Moffatt, Snyder,
Vonheeder and Mayor Jeffery
NOES: None
ABSENT: None
ATTEST
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